C S REDDY Vs. YAMUNA REDDY

JUDGEMENT

(1.) This is an appeal from the decision of the Dist. Judge, Bangalore, on petition presented by the father of two minors under S.6 of the Hindu Minority and Guardianship Act 1956, hereinafter referred to as the HMG. Act, read with S.7 of the Guardians and Wards Act 1390, hereinafer referred to as the G & W Act for custody of the minors.

(2.) The parents of the minors were married in Feb 1962. After, the marriage the petitioner and respondent resided together in Bangalore, The girl by name Usha was born in Nov. 1962. The respondent left Bangalore in Dec. 1963 to Madras where her mother was living for the delivery of the second chlid. In Dec. 1964 the boy by name Udaya was born at Madras. Thereafter, the respondent did, not return to Bangalore to reside with the petitioner.

(3.) The petitioner says that the respondent did not show inclination to return with the children to Bangalore and she put forward lame and untenable excuses for not returning. During respondent's stay in Madras, he was sending from time to time money and presents to children. He waited for a considerable time for the respondent to return with children but she did not. Therefore, he went to Madras and requested her to go with him but she, refused.